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Georgia State University Law Review

No abstract provided.

Trading Nonenforcement, Ryan Snyder

Georgia State University Law Review

In recent years, federal agencies have increasingly used nonenforcement as a bargaining chip—promising not to enforce a legal requirement in exchange for a regulated party’s promise to do something else that the law doesn't require. This Article takes an in-depth look at how these nonenforcement trades work, why agencies and regulated parties make them, and the effects they have on social policy. The Article argues that these trades pose serious risks: Agencies often use trading to evade procedural and substantive limits on their power. The trades themselves present fairness problems, both because they tend to reward large, well-connected firms and …

Erasmian Perspectives On Copyright: Justifying A Right To Research, Tania Cheng-Davies

Joint PIJIP/TLS Research Paper Series

The right to research exists in many jurisdictions as an exception to copyright infringement but unharmonized and inconsistent in its application, with no universal understanding or acceptance of how such a right should be framed. Researchers face unknown and uncertain obstacles in accessing research and scholarly works, which in turn frustrates their own research and development. While copyright law has increasingly strengthened in scope and duration over time, there has been a reactive backlash to this in the form of calls for a more balanced copyright regime, including the recognition of a clear right to research. The keys to understanding …

Protecting User Rights Against Contract Override, Jonathan Band

Joint PIJIP/TLS Research Paper Series

Rightsholders often distribute digital content subject to licenses that seek to override exceptions contained in national copyright laws. Recognizing that these license terms could upset their copyright law’s balance between rightsholders and users, legislators around the world have enacted clauses that invalidate license terms inconsistent with their copyright law’s exceptions. This compilation assembles the copyright override prevention clauses adopted in 48 countries over the past 30 years. It also sets forth references to contract override prevention in documents officially presented in the World Intellectual Property Organization, as well as clauses that have been proposed in various fora in the United …

Necessity, Proportionality, And Executive Order 14086, Alex Joel

Joint PIJIP/TLS Research Paper Series

No abstract provided.

Measuring Change In Copyright Exceptions For Text And Data Mining, Michael Palmedo, Momina Imran, Miguel Alvarenga, Luca Schirru, Duc Le

Joint PIJIP/TLS Research Paper Series

Copyright exceptions for researchers are under debate at the World Intellectual Property Organization and within domestic governments, yet empirical research in this area is rare. In this early working paper, we aim to add to this nascent body of research. We expand PIJIP’s previous review and classification of copyright exceptions in WIPO Members’ laws by tracing changes in the laws over time. We find that most countries have copyright exceptions allowing some unauthorized uses for research purposes. However, most countries’ exceptions restrict some mix of the users, uses, or types of works that are allowed. High-income countries tend to be …

Treaties As A Tool For Native American Land Reparations, Hannah Friedle

Northwestern Journal of Human Rights

"The only compensation for land is land."¹

Hundreds of treaties signed. Hundreds of treaties broken. The juvenile United States grew in size as independent Native nations ceded their territory through treaties. Thirsting for more land, the United States broke its promises and continued its manifest destiny westward. And what of tribes’ treaty rights to land? Some Native nations received financial compensation for treaty violations. But money is crumbs to many whose traditional homelands are still colonized.

Tribes are entitled to the land promised to them under treaties—instruments supposedly carrying the force of federal law. Land reparations are a partial …

The Rider (2023-05-01), Verilu Infante

The Rider Archives

Vol.8 No.28

Evaluating The Impact Of Exclusion Criteria On The Generalizability Of Hidradenitis Suppurativa Treatment Research, Jalal Maghfour, Vivian Liu, Angie Parks-Miller, Iltefat H. Hamzavi

Dermatology Articles

Exclusion criteria can limit the generalizability and translation of research findings into clinical practice. The objective of this study is to characterize the trends of exclusion criteria and explore the impact of exclusion criteria on participant diversity, length of enrollment, and the number of enrolled participants. A detailed search was performed using PubMed and clinicaltrials.gov. Nineteen published randomized controlled trials were included, where 2,664 patients were screened, and 2,234 patients (mean age: 37.6 years, 56.6% female) were enrolled from 25 countries. On average, there were 10.1 (standard deviation: 6.14, range: 3-25) exclusion criteria per randomized controlled trial. There was a …

El Leñador, May 2023, El Leñador Staff

El Leñador Newspaper

El Leñador is an English and Spanish newspaper produced by Humboldt State University students. Our staff cover and provide news to Latinx and other diverse communities on campus and in Humboldt County. We are committed to providing relevant news and expanding the representations and stories told about people of color and other marginalized groups. Our work helps create more social, political and cultural diversity in local media.

El Leñador es un periodico en español y inglés producido por estudiantes de la Universidad Estatal de Humboldt. Nuestro personal cubre y provee noticias a la comunidad Latinx y otras comunidades diversas en …

Early Childhood Support Specialist Evaluation Report, Emilie Swenson Msw, Rachel Gallo Mph

Children, Youth, & Families

The Early Childhood Support Specialist (ECSS) at MaineHealth builds relationships with families who have children aged birth to three, a timeframe when infants and toddlers are rapidly developing, learning, and benefiting from family and community connections. The ECSS assesses a family’s strengths and needs to understand how that family can be supported and connected. The ECSS connects families to resources, provides referrals, coaches families on children’s social and emotional development, and generally serves as a point of contact to assist families with social, emotional, and medical needs. Ultimately, the intended outcome of this model is to increase family connections, decrease …

Kallie Bauer Honors Portfolio, Kallie Bauer

Honors Capstone Portfolios

Kallie Bauer's honors portfolio captured in May 2023.

Seasonal Phenology And Starch Allocation Patterns Of Cuban Bulrush (Oxycaryum Cubense) Growing In Mississippi, Usa, Madeline Clarke, Ryan M. Wersal, Gray Turnage

Biological Sciences Department Publications

Seasonal patterns of biomass and starch allocation for the aquatic invasive species (AIS) Cuban bulrush were quantified in populations from Lake Columbus on the Tennessee-Tombigbee Waterway in Mississippi. Monthly samples of Cuban bulrush were harvested from five plots from May 2019 to April 2021. During each sampling event, water pH, water temperature, air temperature, and photosynthetically active radiation (PAR) were recorded. Average peak total biomass was 309.0 g DW m−2, 290.0 g DW m−2, and 129.3 g DW m−2 in 2019, 2020, and 2021 respectively and usually occurred in late fall or early winter months (November to January). Biomass allocation …

Delaney Conrad Honors Portfolio, Delaney Conrad

Honors Capstone Portfolios

Delaney Conrad's honors portfolio captured in May 2023.

Morgan Cooper Honors Portfolio, Morgan Cooper

Honors Capstone Portfolios

Morgan Cooper's honors portfolio captured in May 2023.

Tort Reform & The Takings Clause, Bailey D. Barnes

Faculty Publications

The United States tort reform movement has capped noneconomic damage awards in many jurisdictions, thereby preventing the most injured plaintiffs from being fully compensated for their suffering. While litigants have asserted numerous state constitutional challenges to these tort recovery limits, with varying degrees of success, aggrieved plaintiffs have underutilized the Fifth Amendment's Takings Clause. This Article advocates that judicial reduction of a jury's noneconomic damage calculation after the court has informed the successful plaintiff of the full verdict is a regulatory taking in violation of the federal Takings Clause, as incorporated against the states through the Fourteenth Amendment.

A Takings …

Tremblings, May 2023, Western Aspen Alliance

Tremblings

The WAA: Fifteen Year Status

Paul C. Rogers

Aspen, the species, unites our member community. We reach out, connect, sprout new growth, and respond to ever-present change like a hidden root web supporting an above-ground grove of swaying pale stems and flickering foliage. Carbohydrates, stored subterranean, represent the future of such networks; linkages unseen nourish future forests, enrich ecosystems, and fuel organizations like ours. After 15 years, the Western Aspen Alliance has flourished following disturbance, but faces an uncertain outlook given uncertain funding prospects. The good news is that this WAA community, buried junctures and all, represents a resilience in …

Maidstone Estates: Utilizing Research-Based Design To Create The Luxury, Location, And Lifestyle Of A Continuing Care Retirement Community, Jake Hardin

Undergraduate Honors Theses

The nature of this essay explores the implementation of research-based design to the senior living concept and showcases how design can improve and empower the lives of our seniors as they hit retirement age. Over the course of the essay, the project will begin as a concept and navigate its way through the design processes until the concept is fully developed as a stand-alone package that speaks for itself. Maidstone Estates is built upon the guidelines of the Green House Project and outlines the mixed-use nature of design involving branding, building code, ADA compliance, universal design, and the three acuity …

Adolescents With Family History Of Alcohol-Use Disorders Have Reduced Structural Coherence Of Anterior Insula To Nucleus Accumbens Tract, Grace Wood

Psychological Science Undergraduate Honors Theses

Genetics play a significant role in predisposition towards alcohol use disorders. Analyzing the neural phenotypes related to alcohol use disorder development could allow researchers to predict one’s predisposition. The anterior insula (AIns) contributes to binge drinking tendencies while exhibiting downstream signaling towards the nucleus accumbens (NAcc). Recent research has examined this relationship simultaneously with alcohol consumption, but the genetic effect of the AIns and NAcc functional relationship prior to alcohol consumption has yet to be examined. In this study, we used data from the Adolescent Brain Cognitive Development (ABCD) study to analyze the structural coherence of the AIns to NAcc …

The Connections Among Worry, Sleep Hygiene, And Sleep Quality, Anna Quesada

Psychological Science Undergraduate Honors Theses

Sleep disturbances commonly plague undergraduate students (Buboltz et al., 2001). In fact, being an undergraduate student is a risk factor for developing a sleep disturbance (Medic et. al., 2017). Understanding the impact of worry on the relationship between sleep hygiene and sleep disturbances could inform strategies for improving sleep quality in undergraduate populations. Given the fact that sleep issues affect health and academic performance negatively (Buboltz, et al., 2001), improving sleep patterns may boost academic performance, physical health, and mental health. This study investigated relationships between sleep hygiene and worry in an undergraduate sample by using a longitudinal design. Participants …

Examining Fear Of Negative Evaluation In Oral Contraceptive Users And Naturally Cycling Women, Emily Furlow

Psychological Science Undergraduate Honors Theses

Oral contraceptive use has gained popularity over recent decades and is currently the most used form of contraception. However, women who take oral contraceptives may experience significant side effects that impact their bodies, moods, and emotions. The current study examined fear of negative evaluation in women taking oral contraceptives and women who were naturally cycling following a social stress test. I hypothesized oral contraceptive users would have a higher fear of negative evaluation in comparison to naturally cycling women following the Trier Social Stress Test. Results did not support this hypothesis. There was marginal support for the opposite effect. Following …

Optimum Time To Add The Feed Additive Availa-Zmc To Reduce The Incidence Of Bacterial Chondronecrosis With Osteomyelitis Lameness In Broiler Chickens, Ashley Ault

Biological Sciences Undergraduate Honors Theses

Lameness is a health condition threatening the welfare of broiler chickens in the poultry industry. It can be caused by a bacterial infection called Bacterial Chondronecrosis with Osteomyelitis (BCO). Zinpro has created Avalia-ZMC, a feed additive that has been proven to reduce lameness by 20% in wire-flooring pens and 25% in litter-flooring pens (Alrubaye et al., 2020). This experiment focuses on the optimal time to add Availa-ZMC to the diet of the broiler chickens to help reduce the incidence of lameness. This trial took 56 days with 26 pens at the University of Arkansas Poultry Research Farm. At the start …

Measuring Energy Demands Of Dynamic Remodeling Events During Embryogenesis In Live Drosophila Embryos, Grayson Young

Biological Sciences Undergraduate Honors Theses

Embryonic development is a complex process requiring dynamic cell movements to create complex tissue structures. We assume that these embryonic dynamic remodeling events are highly energy intensive and that this energy expenditure is mediated by mitochondria. However, this has been difficult to demonstrate in live embryos. Convergent extension of the Drosophila neuroectoderm is a promising system to study the bioenergetics of tissue remodeling because it changes from a static to a dynamically remodeling tissue with temporal precision. We hypothesize that the switch from static to dynamic development at the onset of convergent extension will be accompanied by an increase in …

Prevalence Of Ehrlichia And Rickettsia Within Ticks In Arkansas State Parks, Haley Stanton

Animal Science Undergraduate Honors Theses

Within the past few decades, the number of diagnoses of tick-borne diseases – such as spotted fever rickettsiosis and ehrlichiosis – has steadily increased throughout the United States, with Arkansas having one of the highest rates in the country. These diseases pose a risk to both humans and animals, as both can acquire these infections from ticks. Due to the increasing geographic range of ticks, rise in cases, and likely underdiagnosis of these diseases, this study aimed to identify the infection rate of ticks themselves in multiple state parks in Arkansas. Four Arkansas state parks were each visited once a …

The Influence Of Racial Labeling And Gender On Illusory Correlation And Perceived Hireability, Kyndall Jackson

2023 Spring Honors Capstone Projects - Archive

Black and African American refer to the same demographic of people; however, describing someone as Black can lead to the belief that they are lower in competency when compared to someone described as African American. The goal of this study was to determine whether gender and the use of the racial labels of Black and African American would lead to an illusory correlation which would affect the perceived hireability of candidates. Participants were given a survey with randomly assigned mock resumes and reference letters to evaluate. Findings showed that participants remembered more negative traits about female applicants compared to their …

The Impact Of Sleep And Mental Health On Undergraduate Student’S Academic Performance: A Multi-Measure Examination, Janine Shuman

2023 Spring Honors Capstone Projects - Archive

College students represent a vulnerable demographic of sleep and mental health disturbances. Prior research on the impact these pervasive struggles have on academic performance in college student populations has yielded mixed findings and has largely been limited to the exclusive use of subjective sleep measures. The present study investigates the impact of sleep efficiency, subjective sleep quality, and mental health on the academic performance of college students. In this study, a sample of undergraduate students (N =92) wore a Fitbit actigraphy monitoring device for 21 days and completed a battery of self-report questionnaires assessing sleep quality and mental health, including …

Boomtowns - Mirage Of Paradise: An Investigation Of Urban Typologies In The U.S.’ Largest Energy Corridor, Tabitha L. Kelly

2023 Spring Honors Capstone Projects - Archive

Boomtowns have historically been a vernacular urban typology found in resource-extracting territories across the globe. The Permian Basin in West Texas is a territory with numerous petrochemical clusters extracting, refining, and transporting fossil fuels as part of a dense extraction and distribution network. This work aims to (1) locate boomtown territories, and (2) identify the urban elements of boomtowns to classify this typology based on site-specific studies in the era of anthropogenic climate change. Methodologically, a series of geospatial analysis tools are applied to study the morphology of four West Texas cities. The identified elements of boomtowns serve as a …

Exploration Of The Relationship Between The Mean Power Spectral Density Of Electrogastrography And Gestational Maturation Of Preterm Infants, Elizabeth Ann Rhodes

2023 Spring Honors Capstone Projects - Archive

Feeding preterm infants can be a challenge due to gastrointestinal (GI) immaturity which can lead to feeding intolerance, malnutrition, and poor neurodevelopment. Currently there is no non-invasive and quantitative method to determine GI maturity in infants. Electrogastrography (EGG) provides a non-invasive method of measuring gastric myoelectrical activity and has been used on adults to determine gastric abnormalities. EGG was explored as an option for determining GI maturity in preterm infants by quantifying the power spectral density (PSD) of EGG data and its spectral means. The power spectral density and spectral means were calculated during three gastric rhythm (GR) bands (mPSDgr) …

Examining Maternal Health Disparities Through Global Comparison And Stakeholder Perspectives, Madison Mitchel

2023 Spring Honors Capstone Projects - Archive

Maternal mortality is a pressing global public health problem that disproportionately affects Black women and birthing people. In part one of this mixed- methods study, Black maternal health stakeholders (ages 18+) in North Texas were recruited to complete a 25-item survey to understand their perspectives on community- based approaches to health equity. Survey participants (N=16) reported inadequate financial, human, and social resources for addressing Black maternal health (75%) and that they rarely see local efforts focused on policy, systems, and structural changes (70%). In part two, a systematic document review was performed to identify and analyze national maternal health policies …

Determination Of The Absorption Coefficient Of Open And Closed Cell Materials, Fernando Agustin Alejandre

2023 Spring Honors Capstone Projects - Archive

With the growing development of self-driving vehicles, the issue of passenger discomfort due to noise pollution has infiltrated the automobile industry. The computer driving these vehicles requires multiple fans to maintain optimal temperatures. To reduce the noise level created by the fans, this senior design team was tasked with developing a sound dampening solution that can be implemented to the computer superstructure while maintaining aesthetics, functionality, and accessibility for repair of the computer. This extended project was performed to investigate the sound absorption properties of open and closed cell materials that could then be used to create a solution. The …